Posthuman Property and Law: Commodification and Control through Information, Smart Spaces and Artificial Intelligence PDF
Preview Posthuman Property and Law: Commodification and Control through Information, Smart Spaces and Artificial Intelligence
Posthuman Property and Law This bookanalysesthe phenomenon ofdigitallymediatedpropertyandconsiders howitproblematisestheboundarybetweenhumanandnonhumanactors. The book addresses the increasingly porous border between personhood and property in digitized settings and considers how the increased commodification of knowledge makes visible a rupture in the liberal concept of the property owning, free, person. Engaging with the latest work in posthumanist and new materialist theory, it shows how property as a concept, as well as a means for control,changesfundamentallyunderadvancedcapitalism.Suchchangeisexem- plified by the way in which data, as an object of commodification, is extracted from human activities yet is also directly used to affectively control – or nudge – humans. Taking up a range of human engagements with digital platforms and codedarchitectures,as wellasthe circulation of affectsthrough practices of artifi- cial intelligence that are employed to shape behaviour, the book argues that propertynowneedstobeunderstoodaccordingtoanecologyofhumanaswellas nonhuman actors. The idea of posthuman property, then, offers both a means to critiquepropertycontrolthroughdigitaltechnologies,aswellastomovebeyond thenotionoftheself-owning,object-owning,human. Engaging the most challenging contemporary technological developments, this book will appeal to researchers in the areas of Law and Technology, Legal Theory, Intellectual Property Law, Legal Philosophy, Sociology of Law, Sociology, and Media Studies. Jannice Käll is Senior Lecturer at the Department of Sociology of Law at Lund University, Sweden. Posthuman Property and Law fi Commodi cation and Control through fi Information, Smart Spaces and Arti cial Intelligence Jannice Käll Firstpublished2023 byRoutledge 4ParkSquare,MiltonPark,Abingdon,OxonOX144RN andbyRoutledge 605ThirdAvenue,NewYork,NY10158 RoutledgeisanimprintoftheTaylor&FrancisGroup,aninformabusiness ©2023JanniceKäll TherightofJanniceKälltobeidentifiedasauthorofthisworkhasbeen assertedinaccordancewithsections77and78oftheCopyright,Designs andPatentsAct1988. Allrightsreserved.Nopartofthisbookmaybereprintedorreproduced orutilisedinanyformorbyanyelectronic,mechanical,orothermeans, nowknownorhereafterinvented,includingphotocopyingandrecording,or inanyinformationstorageorretrievalsystem,withoutpermissionin writingfromthepublishers. Trademarknotice:Productorcorporatenamesmaybetrademarksor registeredtrademarks,andareusedonlyforidentificationandexplanation withoutintenttoinfringe. aGlassHouseboook BritishLibraryCataloguing-in-PublicationData AcataloguerecordforthisbookisavailablefromtheBritishLibrary LibraryofCongressCataloging-in-PublicationData Acatalogrecordhasbeenrequestedforthisbook ISBN:978-0-367-68795-3(hbk) ISBN:978-0-367-68801-1(pbk) ISBN:978-1-003-13909-6(ebk) DOI:10.4324/9781003139096 TypesetinBembo byTaylor&FrancisBooks Contents List of figures vii Acknowledgements viii PART ONE Introduction 1 1 Introduction to Posthuman Property 3 2 Code is Law and Posthumanist Jurisprudence 39 PART TWO Body 57 3 The Dematerialization of Information 59 4 Coding Posthuman Property through Intellectual Property Law and Beyond 77 PART THREE Entanglement 97 5 Posthuman Ecologies of Control: Platforms, Smart Cities and Smart Homes 99 6 Digitized Space as Property 110 PART FOUR Ethics 121 7 Artificial Intelligence for Advanced Capitalism 123 vi Contents 8 Posthuman Affective Property 139 References 148 Index 162 Figure 3.1 Intellectual asset mapping 64 Acknowledgements This book is the result of many years of work where countless of inspiring and generous persons have helped me shape my thinking on legal philosophy, property, and digitalization. The work has furthermore been carried out in my transition from a PhD candidate in legal theory at the Departement of Law, Gothenburg University, towards a post doc and senior lecturer in the Depart- ment of Sociology of Law, at Lund university. I am therefore particularly grateful to these institutions, which has made it possible to challenge the boundaries of what legal research, and sociolegal research might imply. Ulf Petrusson, Eva-Maria Svensson, Håkan Gustafsson, Merima Bruncevic, Kristina Hultegård, David Jivegård, Sebastian Wejedal, Anna Wallerman Ghavanini, Erik Björling, Tormod Otter Johansen, Isabel Schoultz, Matthias Baier, Amin Parsa, and many more: you have all been vital during my work with this book. My many friends in the critical legal theory setting have, furthermore, all been crucial both in terms of support and inspiration for seeking out the weirdest and most interesting sides of law and inviting me to innumerable special issues, workshops, and anthologies. Swastee Ranjan, Susanna Lindroos-Hovinheimo, Rob Herian, Danilo Mandovic, Fiona Macmillan, Daniela Gandorfer, Emily Jones, Matilda Arvidsson, Andrea Leiter, and many more: thank you! Invaluable comments regarding to the initial thoughts in this manuscript have furthermore been provided by Maria Drakopoulou, Margaret Davies, Cecilia Åsberg,KevätNousiainen,HannePetersen,andofcourse,AndreasPhilippopoulos- Mihalopoulos,whosethinkingandexistencethisbookverymuchdependupon. Kristina, your always-open support hotline has been a lifeline in my writing (and in general) for many years now. No one knows friendship better than you and I am grateful to have the chance to learn from you daily. My deepest thanks also to Jussi for motivating/forcing me to finish writing and have the book published, even in the middle of a global pandemic. It is a particular privilege have gotten to spend so much time together with someone whohassuchvastanddeepknowledgeaboutliterallyeverythingandinparticular in relation to all things Deleuzian and digital. Thanks also for reading this manu- scriptnotonlyonce,buttwice,ontopofenduringmy(long)monologuesabout howeverythingcomesdowntothequestionofproperty. Acknowledgements ix ToBoel andStellan, mymostloyal companionsinwriting andin life:thanks for providing me with so much profound thoughts about all kinds of digital media, in a way that only persons who learned to navigate an iPhone before they could walk and talk, could do. I know we are all waiting for the moment when it will become cool to have a mother who is a researcher. Until then, thanks for your patience with yet another book.
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